VIJAY L. SONAWANE SON OF LAKSHAMAN SONAWANE, RESIDENT OF 801, BALRAMA BUILDING, BANDRA KURAL COMPLEX, BANDRA EAST, P.S. Vs. THE STATE OF BIHAR THROUGH THE SUPERINTENDENT OF POLICE, PATNA

JUDGEMENT

(1.) All the aforesaid four writ petitions, filed by the respective petitioners arise out of the same first information report (hereinafter referred to as 'FIR'), therefore all of them are being disposed of by a common order.

(2.) The FIR is based on Complaint Case No. 26195 (C) of 2014, which was filed in the court of Chief Judicial Magistrate, Patna on 10th April, 2014 and was referred to the police for investigation vide order dated 24th Nov., 2014.

(3.) From perusal of the order-sheet of the aforesaid Complaint Case, it would appear that on 10th April, 2014, the case was fixed for hearing on 11th April, 2014. On 11th April, 2014, neither the Complainant nor his lawyer appeared before the court and the case was adjourned to 25th April, 2014 for hearing. On 25th April, 2014, the Complainant filed his attendance as also an application under Sec. 156(3) of the Code of Criminal Procedure (for short 'Cr.P.C.') wherein he made request to transmit the copy of complaint to the Kotwali Police Station for investigation. On hearing the application of the Complainant, the Court directed the lawyer appearing on behalf of the Complainant to satisfy it on the issue of jurisdiction. Thereafter, the case was fixed on different dates, i.e., 21st May, 2014, 4th June, 2014, 9th June, 2014 and 8th July, 2014, but the Complainant took time on all the aforesaid dates on one pretext or the other. The order-sheet would further indicate that since the court became vacant as the Presiding Officer was transferred, the case was adjourned from one date to another between 19th Aug., 2014 and 7th November, 2014 on several occasions. Subsequently, the learned Chief Judicial Magistrate, Patna vide order dated 24th Nov., 2014 referred the complaint to the Kotwali Police Station in exercise of power conferred under Sec. 156(3) of the Crimial P.C. for investigation pursuant to which Kotwali P.S. Case No. 27 of 2015 was registered on 12th June, 2015 under Sections 420, 406 and 120-B of the Indian Penal Code (hereinafter referred to as 'IPC') and investigation was taken up.